IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF OHIO

EASTERN DIVISION

TIA MASON, et al.,

Case No. 2:12-cv-00527

Plaintiff, JUDGE GREGORY L. FROST

Magistrate Judge Norah McCann King

v. 

PATROLMAN BRYAN HOLMES,

et al.,

Defendants.

OPINION AND ORDER

This matter is before the Court on Defendants’ motion to dismiss or, in the alternative, to

transfer this case to the United States District Court for the Northern District of Ohio. (ECF No.

11.) Plaintiffs filed a response, in which they agree that a transfer of venue to the Northern

District of Ohio is appropriate. (ECF No. 14.) This Court GRANTS Defendants’ requested

alternative relief of transfer.

Plaintiffs’ Complaint in this case alleges violations of 42 U.S.C. ' 1983 arising out of an

incident involving Defendant Bryan Holmes, an officer with the City of Warren Police

Department. (Compl., ECF No. 2.) Plaintiffs’ Complaint alleges excessive force and names

Holmes and the City of Warren Police Department as Defendants. Plaintiffs allege that all of the

events giving rise to the Complaint took place in the city of Warren, Ohio, which is located in

Trumbull County, Ohio. Plaintiffs’ Complaint lists an address in the city of Warren, Ohio, for

both Defendants and both Defendants were served in the city of Warren. (Id.; Summons, ECF

No. 7.) The city of Warren, Ohio, and Trumbull County, Ohio are not located in this judicial

district; they are located in the Northern District of Ohio. 

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Defendants move to dismiss the Complaint for improper venue. Since all Defendants

reside in the Northern District of Ohio and the events giving rise to Plaintiffs’ Complaint

occurred in the Northern District of Ohio, Defendants ask this Court to dismiss Plaintiffs’

Complaint under 28 U.S.C. ' 1406. In the alternative, Defendants ask the Court to transfer this

case to the Northern District of Ohio. See 28 U.S.C. ' 1406(a) (“The district court of a district in

which is filed a case laying venue in the wrong division or district shall dismiss, or if it be in the

interest of justice, transfer such case to any district or division in which it could have been

brought.”). For their part, Plaintiffs concede that the Northern District of Ohio is the appropriate

venue for this action and agree to Defendants’ proposed alternative relief of transferring the case. 

(Pl.’s Response, ECF No. 14.) 

In light of Plaintiffs’ concession and ' 1406(a)’s allowance of transfer in lieu of

dismissal, this Court grants Defendants’ motion as to the alternative relief. The Court will

therefore transfer this case to the United States District Court for the Northern District of Ohio. 

Defendants’ motion also asks this Court to dismiss Plaintiffs’ Complaint as against the

City of Warren Police Department on the basis that the Police Department is not an entity

capable of being sued. (Defs.’ Mot. 4, ECF No. 11.) The Court agrees with Plaintiffs, however,

that this issue should be heard in the transferee court. The Court therefore denies this branch of

Defendants’ Motion, as it is more appropriate for the United States District Court for the

Northern District of Ohio to address this substantive issue following transfer. 

***

For the foregoing reasons, the Court GRANTS IN PART AND DENIES IN PART

Defendants’ motion (ECF No. 11.) The Court GRANTS Defendants’ alternative relief and

TRANSFERS this case to the United States District Court for the Northern District of Ohio. 

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Defendants’ motion to dismiss the action as against Defendant City of Warren Police

Department is DENIED without prejudice to Defendants renewing this issue in the transferee

court, where it is more appropriately considered.

The Clerk shall transfer this case to the United States District Court for the Northern

District of Ohio. 

IT IS SO ORDERED.

 /s/ Gregory L. Frost 

GREGORY L. FROST

UNITED STATES DISTRICT JUDGE

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